Griffith & Anor v Gourgey & Anor [2015] EWHC 1080 (Ch) (23 April 2015)

Griffith & Anor v Gourgey & Anor [2015] EWHC 1080 (Ch) (23 April 2015)

The Respondents failed to provide full and complete responses to each and every request as required by the court's Relief Order. The failures were substantive, not trivial, and related to central issues in the litigation. The history of non-compliance and the clear terms of the order precluded the grant of relief against sanctions. Consequently, the Amended Points of Defence stand struck out.

Citation
[2015] EWHC 1080 (Ch)
Parties
Petitioners: Nicholas John Clwyd Griffith and another; Respondents: Maurice Saleh Gourgey and others
Jurisdiction
England and Wales
Judgment Date
23 April 2015
Procedural Posture
Unfair Prejudice Petitions Under S.994 Companies Act 2006 / Application for Final Relief and Application for Relief Against Sanctions
Outcome
Amended Points of Defence struck out; relief against sanctions refused.
Legal Topics
Unfair Prejudice, Disclosure of Information, Relief Against Sanctions, Compliance With Court Orders, Civil Procedure Rules Part 18 and 3.9
Company Law Civil Procedure Unfair Prejudice Disclosure of Information Relief Against Sanctions Compliance With Court Orders Civil Procedure Rules Part 18 and 3.9

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Parties

Nicholas John Clwyd Griffith and another

Petitioners

Maurice Saleh Gourgey and others

Respondents

Procedural Posture

Unfair Prejudice Petitions Under S.994 Companies Act 2006 / Application for Final Relief and Application for Relief Against Sanctions

Legal Issues

  1. 1 Whether the Respondents complied with the court's order to provide full and complete responses to the Petitioners' Part 18 Request for Information
  2. 2 Whether relief against sanctions should be granted to the Respondents for non-compliance

Ratio Decidendi

The Respondents failed to provide full and complete responses to each and every request as required by the court's Relief Order. The failures were substantive, not trivial, and related to central issues in the litigation. The history of non-compliance and the clear terms of the order precluded the grant of relief against sanctions. Consequently, the Amended Points of Defence stand struck out.

Court Disposition

Amended Points of Defence struck out; relief against sanctions refused.

Orders

  • The Amended Points of Defence are struck out for failure to comply with the Relief Order.
  • Relief against sanctions is refused to the Respondents.